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3 Apr 2007, 12:32 pm
" the First snaps back with "even if it were true, the district court's explanation would be insufficient as a matter of law. [read post]
22 Mar 2007, 11:36 am
A Booker claim is denied. [read post]
22 Mar 2007, 7:16 am
"At the Illinois Central station, accompanied by Simeon Booker, other reporters and photographers for the Negro press, and scores of mourners, Mrs. [read post]
21 Mar 2007, 10:20 pm
Requiring community involvement in hidden sentencing helps the community right itself and shows that people's actions matter in the community. [read post]
20 Mar 2007, 5:12 am
March 15, 2007).* Plaintiff's § 1983 claims were, in effect, appeals from state court decisions on the same issues, and they were barred by the Booker-Feldman doctrine. [read post]
16 Mar 2007, 6:48 am
As I expected and feared, it appears that the entire hearing is going to focus on federal guideline trees and not examine at all the broader Booker forest. [read post]
6 Mar 2007, 12:52 pm
But, with Booker making the guidelines advisory, federal judges have more discretion to consider these matters at sentencing (though Rita's sentencing judge decided just to follow the guidelines). [read post]
26 Feb 2007, 9:49 am
Making matters worse, Mejia-Pimental apparently tried to plead guilty, but went to trial only after the district court refused to accept his plea deal. [read post]
20 Feb 2007, 12:28 pm
He would not get that sentence but for this fact.So it appears that Justice Scalia is adding new reasons to believe that the Booker remedy is, in practice, inevitably going to conflict with the requirements of Blakely. [read post]
18 Feb 2007, 9:06 am
The defendant argued that, as a matter of law, he should have been acquitted because an older statute governs him. [read post]
11 Feb 2007, 2:54 am
The circuit has, in a series of post-Booker opinions, taken a dim view of categorical deviations from the guidelines. [read post]
10 Feb 2007, 11:54 am
Empirical study of these matters by academic researchers would be illuminating. [read post]
6 Feb 2007, 1:34 pm
(This is not a reasonableness challenge, so the reliance to pre-Booker caselaw shouldn't bother anyone.) [read post]
3 Feb 2007, 1:06 pm
of consensus What SCOTUS should be doing Solving the SCOTUS docket mystery Additional SCOTUS docket dissection Time to take some more Blakely and Booker cases.... [read post]
2 Feb 2007, 5:12 am
Nor did it matter that the district court recited the other sentencing factors. [read post]
30 Jan 2007, 5:12 am
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Sentencing GuidelinesTuesday, January 30, 2007By Alan Vinegrad and Douglas BloomAlan Vinegrad, a partner at Covington & Burling, and Douglas Bloom, an associate at the firm, write that in the two years since Booker was handed… [read post]
28 Jan 2007, 8:34 pm
In his Mercado, Judge Fernandez sells the status quo: Watts survived Apprendi, and acquitted conduct can be used at sentencing despite Booker. [read post]
27 Jan 2007, 4:44 pm
Supreme Court itself did in Booker. [read post]
25 Jan 2007, 8:23 am
On appeal, defendant argued that Apprendi and Booker effectively overruled Watts. [read post]
24 Jan 2007, 10:18 pm
Rptr. 170 (Feb. 2006), the presumption of reasonableness itself is a powerful argument for the reasonable doubt standard as a matter of Fifth Amendment law, especially in light of the Supreme Court's law on presumptions in criminal cases. [read post]
